Amerasinghe v. Daluwatte and Others – sllr 2001 volume 3 page 258

In the case between a Temporary Major in the Army (Petitioner) and the Army Court of Inquiry and Her Excellency the President (Respondents), the court addressed whether the Army Court of Inquiry complied with mandatory procedural requirements, particularly Regulation 15 mandating the affected party’s presence throughout the proceedings. It was held that the inquiry was void ab initio for failing to properly serve notice and ensure the petitioner’s continuous presence, thus breaching natural justice and depriving the Court of jurisdiction. The principle reaffirmed is that strict compliance with procedural safeguards constitutes a jurisdictional prerequisite, and non-observance voids tribunal proceedings. Reliance was placed on natural justice principles and the binding nature of relevant Ar